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COYNE v. STATE EX REL. THOMAS

No. 5035.

595 P.2d 970 (1979)

William A. COYNE, Orville A. Swan and Paddy L. Renner, Appellants (Defendants below), v. STATE of Wyoming, ex rel. Lowell THOMAS, John Hogg, George Grosh, Janice Grosh, Jack Turnell, Joe Lewis, Becky Bennett, Alice Renner, Dan Griffin and John D. Lewis, Appellees (Plaintiffs below).

Supreme Court of Wyoming.

June 5, 1979.

Attorney(s) appearing for the Case

L. B. Cozzens, of Simpson, Kepler, Simpson & Cozzens, Cody, for appellants.

Richard W. Day, of Goppert, Day & Olson, Cody, for appellees.

Edgar Young, of Patrick E. Hacker & Associates, Cheyenne, as amicus curiae.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.

ROONEY, Justice.

This is an appeal from a summary judgment rendered against appellants-defendants in a quo warranto action brought on relation of ten patrons of Park County School District No. 16. We will reverse.

Defendants were duly elected and acting members of the five-man board of trustees of the district. There is no disagreement as to the material facts of the case.1 Two of the defendants were spouses of teachers employed...

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